Union-State Relations — Set 13
Constitution Special · केंद्र-राज्य संबंध · Questions 121–130 of 140
Under Article 246, the Parliament has exclusive power to make laws with respect to matters enumerated in?
Correct Answer: C. C) Union List
Article 246(1) provides that Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I (Union List) in the Seventh Schedule. The Union List currently has 100 subjects including defence, atomic energy, foreign affairs, currency, banking, insurance, inter-state trade, and railways. Article 246(2) gives concurrent powers for the Concurrent List and 246(3) gives residual powers to states for the State List.
The doctrine of 'Occupied Field' or 'Repugnancy' in Indian federalism means?
Correct Answer: B. B) When Centre and State laws conflict on Concurrent List, Central law prevails
The doctrine of 'repugnancy' under Article 254 means that when state law on a Concurrent List subject is repugnant to (inconsistent with) a Parliament law on the same subject, the Parliament law prevails, and the state law, to the extent of the repugnancy, is void. However, if the state law has received the President's assent, it can prevail over the Parliament law in that state. Understanding this constitutional provision is essential for competitive examinations and civic awareness.
Which article of the Constitution deals with the annual financial statement (Union Budget) and its relation to Centre-State financial relations?
Correct Answer: B. B) Article 112
Article 112 provides that the President shall in respect of every financial year cause to be laid before both Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year. This statement (the Union Budget) reflects the Centre's fiscal policies including grants to states, tax devolution, and Central Sponsored Schemes which form the core of Centre-State financial relations. Understanding this constitutional provision is essential for competitive examinations and civic awareness.
The principle that certain subjects require joint action of Centre and States, as seen in the Concurrent List, is a feature of what kind of federalism?
Correct Answer: B. B) Cooperative federalism
Cooperative federalism is characterized by the Union and States working together on shared subjects, as seen in the Concurrent List (List III of the Seventh Schedule). The Concurrent List allows both Parliament and State Legislatures to legislate on the same subjects, with parliamentary laws prevailing in case of conflict. GST Council, Inter-State Council, and NDC are other examples of cooperative federalism mechanisms.
Under Article 263, the President can establish an Inter-State Council to inquire into and advise upon disputes between states. When was this Council actually established?
Correct Answer: C. C) 1990 (on Sarkaria Commission recommendation)
The Inter-State Council was established by a Presidential Order dated May 28, 1990, during the V.P. Singh government. This was done following the recommendation of the Sarkaria Commission on Centre-State Relations (1983-87) which strongly recommended the establishment of such a council. It was established 40 years after the Constitution came into force, reflecting the lack of political will to set it up earlier.
Which article mandates that the State of Assam must refer tribal area disputes to a commission for investigation?
Correct Answer: A. A) Article 244A
Article 244A was inserted by the 22nd Amendment Act 1969 to create an autonomous state within Assam and to establish a local legislature and a Council of Ministers for such autonomous states. This article applies specifically to tribal areas in Assam. It allows Parliament to form by law an autonomous state comprising certain tribal areas specified in Part I of the Sixth Schedule within the State of Assam.
The Finance Commission under Article 280 is constituted every five years. What is its primary function regarding Union-State financial relations?
Correct Answer: B. B) Recommending distribution of taxes between Centre and States
The Finance Commission under Article 280 is constituted every five years (or earlier) by the President. Its primary function is to make recommendations on the distribution of the net proceeds of taxes collected by the Union between the Centre and States, and among states inter se. It also recommends grants-in-aid to states from the Consolidated Fund of India and measures to augment the Consolidated Fund of a state.
Under Article 131, the Supreme Court has original jurisdiction in disputes between?
Correct Answer: B. B) Two or more states, or between Centre and one or more states
Article 131 gives the Supreme Court exclusive original jurisdiction in disputes between the Government of India and one or more States, between the Government of India and one or more States on one side and one or more other States on the other side, or between two or more States. This is a dispute-resolution mechanism for federal disputes. High Courts cannot entertain such inter-governmental disputes.
Under the Constitution, which type of legislation gives greater decentralization to states - Parliamentary or Presidential?
Correct Answer: C. C) Depends on the subject matter and constitutional provisions
The degree of centralization or decentralization depends on the constitutional provisions and subject matter. Parliamentary legislation on Union List subjects centralizes power, while State legislation on State List subjects decentralizes it. Concurrent List subjects involve shared jurisdiction. Presidential proclamations under emergency provisions can temporarily centralize power but are subject to constitutional safeguards and judicial review.
The role of the Governor as a 'link' between Centre and State is best illustrated by which constitutional provision?
Correct Answer: C. C) Article 200 (reservation of bills for President's consideration)
Article 200 provides that the Governor may reserve certain bills for the consideration of the President instead of giving assent. This makes the Governor a link between Centre and State in legislative matters. When a Governor reserves a state bill for the President's consideration, the Centre gets an opportunity to review state legislation, especially on subjects that may overlap with Union powers or affect Central interests.